Sealy Power, Ltd. v. Commissioner

WIENER, Circuit Judge:

On the procedural level, Plaintiff-Appellant Sealy Power, Ltd. (Sealy), a Texas limited partnership, appeals the Tax Court’s determination that the notice of Final Partnership Administrative Adjustment (FPAA) issued by the Commissioner of Internal Revenue (Commissioner) did not shift to the Commissioner the burden of going forward with the evidence. On the substantive level, Sealy appeals the Tax Court’s denial of its claimed depreciation deductions and energy and investment tax credits.

With respect to the FPAA, we affirm the Tax Court’s determination that such…